City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
The following definitions shall apply in the interpretation and enforcement of this article:
ADULTERATED MILK OR CREAM
Milk or cream to which any water, foreign oil or fat, drug, chemical, preservative or coloring matter, or other substance has been added or mixed, except as provided for modified milk as defined herein, and also milk or cream which fails to meet the standards or has not been produced, handled or processed in accordance with the requirements of this article.
BOTTLE or CONTAINER
A container made of glass or other officially approved material or a single-service container made of an officially approved material and used for the delivery of milk or fluid milk products to consumers.
CERTIFIED CREAM
A portion of certified milk which contains not less than 20% of milk fat.
CERTIFIED HEAVY CREAM
A portion of certified milk which contains not less than 35% of milk fat.
CERTIFIED MILK
Milk which bears the certification of a medical milk commission.
CONCENTRATED MILK
The product resulting from the elimination of a portion of the water from milk.
CREAM
A portion of milk which contains not less than 18% milk fat.
A. 
Cream which contains not less than 18% milk fat.
B. 
Cream which contains not less than 27% milk fat.
C. 
Cream which contains not less than 36% milk fat.
FLUID MILK PRODUCTS
Includes the following products, unless sterilized and packaged in hermetically sealed containers: milk, cream, certified milk, skim milk, skimmed milk, nonfat milk, nonfat fortified milk, fortified skim milk, fortified skimmed milk, vitamin D milk, vitamin D fluid milk products, homogenized milk, modified milk, ice-cream mix and half-and-half.
GRADE
The differentiation between milk, certified milk, modified milk, irradiated milk, skimmed milk, concentrated milk, cream, heavy cream, certified cream and certified heavy cream.
HALF-AND-HALF
A product consisting of a mixture of milk and cream, with or without added milk solids not fat, and which contains not less than 10% milk fat.
HOMOGENIZED MILK
Milk which has been treated in such a manner as to ensure such breakup of the fat globules that, after 48 hours of quiescent storage, no visible cream separation occurs and fat percentage of the top 100 milliliters of milk in a quart bottle or of proportionate volumes in containers of other sizes does not differ by more than 10% of itself from the fat percentage of the remaining milk, as determined after thorough mixing.
ICE MILK
Any frozen, sweetened milk product which is made of the same ingredients as ice cream and in a manner similar to the process used in the manufacture of ice cream, but which contains less than the minimum percentage of milk fat required for ice cream, but is no less than 3%, and contains not less than 14% by weight of total milk solids, no matter under what trade or coined name it may be sold or offered for sale.
MILK
The lacteal secretion of one or more cows. The term "milk" shall mean and include milk, certified milk and also that which has been pasteurized, homogenized, irradiated, modified, skimmed, concentrated or otherwise processed or treated, but shall not include or mean condensed, evaporated or dried milk in hermetically sealed containers.
MILK PRODUCTS
Includes ice cream, ice milk, sherbets, butter, butter oil, dried whole milk, dried skim milk and any other food for human consumption made from milk or cream, or both, and designated as a milk product.
MODIFIED MILK
Milk prepared from milk meeting the requirements of this article and modified in accordance with the Revised Statutes of New Jersey.
PASTEURIZATION
The process of heating every particle of milk products to a temperature of not less than 143º F. and holding at that temperature for 30 consecutive minutes in approved pasteurizing apparatus or by such other method demonstrated to accomplish the same results, and shall be held to mean and include "high-temperature short-hold pasteurization," a process whereby every particle of milk or milk products is heated to a temperature of not less than 161º F. and held at that temperature for not less than 15 consecutive seconds in approved pasteurizing apparatus or equipment.
SKIM MILK, SKIMMED MILK AND NONFAT MILK
Milk from which practically all milk fat has been removed and which contains not more than 1/2 of 1% milk fat, with or without added milk solids.
VITAMIN D MILK
Milk, the vitamin D content of which has been increased to at least 400 USP units of vitamin D per quart by an acceptable method.
A. 
Milk license.
(1) 
No person, either as principal or through agents or employees, shall deliver or sell any milk, cream or fluid milk products within the municipality without an official license so to do, provided that no license shall be required for the proprietor of a public eating establishment to sell or deliver, for consumption on the premises, milk or cream obtained from a person licensed hereunder.
(2) 
A license fee as provided for in Chapter 170, Licenses and Fees, is hereby established for each vehicle used in the sale or delivery of milk or cream. The word "vehicle" as used in this section shall be held to include vehicles of any kind and, where no vehicle is used, the store from which the milk or cream is sold or delivered or the person carrying, distributing or delivering the milk or cream.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 270, General Provisions, Board of Health, Art. I.
(3) 
Such license shall not be transferable and shall continue in force and effect until the first day of May next ensuing the date of granting thereof, unless previously suspended or revoked.
B. 
Permit for change of supply. No person having been granted a license hereunder shall procure for sale or delivery in the municipality any milk or cream from a source other than the source specified on the application for a license hereunder without having obtained an official permit so to do.
C. 
Permit for bulk milk and cream. No person shall sell or deliver any milk or cream in the municipality in containers of more than one-quart capacity without obtaining a bulk milk or bulk cream official permit so to do. Such permit shall only be granted to persons licensed under Subsection A of section and shall permit the sale or delivery of milk and cream in containers of more than one-quart capacity under the following conditions and no other:
(1) 
For cooking and manufacturing purposes only in quantities of not less than 20 quarts in a single container to operators of bakeries, confectioneries, hotels or restaurants.
(2) 
In sanitary dispensers filled and sealed at the milk plant and so constructed as to ensure adequate refrigeration during transportation and use and the protection of the contents from outside contamination, for use by the operators of public eating establishments; provided, however, that the type and construction of any such dispenser shall, before use, be officially approved.
D. 
Applications. Each application for a license or permit required under the terms of this section shall be made in writing, signed by the person applying, upon official forms supplied for that purpose, and shall truthfully set forth all information which may be necessary to ascertain the facts that the milk or cream proposed to be sold or delivered by the applicant is of the standard and quality required by and was produced, handled, processed and transported in accordance with the provisions of this article and such other information as may be necessary to the proper administration of this article.
E. 
Permit to obtain milk from certain sources. No person having been granted a license hereunder shall procure for sale in the City of East Orange any milk or cream from any source which, in processing or transporting said milk or cream, utilizes the methods known as "bulk farm holding or cooling tanks and transportation of milk from farms to processing plants," without having obtained a permit to do so from the Board of Health. No permit shall be issued to any licensee under the provisions of this subsection unless he or the source utilizing the aforesaid methods shall comply with the regulations of the Board of Health pertaining to the utilization of said methods of processing and transporting milk and cream.
F. 
Ice cream manufacturer's permit.
(1) 
No person, either as principal or through agents or employees, shall deliver or sell any ice cream, ice cream mix, ice- cream products or frozen confections within the municipality without first making written application for a permit and securing the approval of the Health Officer of the City of East Orange for the conduct of said activity under the conditions specified, provided that no permit shall be required for the proprietor of a public eating establishment to sell or deliver for consumption on the premises or public food store to sell or deliver ice cream, ice cream products or frozen confections obtained from a person permitted hereunder.
(2) 
No charge shall be made for this permit, but only persons who comply with the requirements of this article shall be entitled to receive and retain such permit.
No license shall be granted to any applicant and no permit for additional supplies or for a change in source of supply shall be issued to any licensee under the provisions of this article unless he or the person or persons from whom he proposes to obtain his supplies of milk, cream or fluid milk products shall:
A. 
Maintain an adequate system of supervision over the dairies, milk plants and the equipment and appurtenances thereof, including periodic inspections, examination and tests and chemical and bacteriological tests of the milk, cream and milk products produced or handled by him, and keep on file in the milk plant complete and accurate records of such inspections, tests and examinations, together with all other records required by law.
B. 
Permit the official inspection of the dairies, milk plants, milk and milk products and the records aforesaid at any time and make available such information as shall be officially required to determine whether the requirements of this article are being complied with.
C. 
Comply with the requirements of this article with respect to the production, handling, processing and transportation of milk, cream and milk products.
A license issued pursuant to the provisions of this article may be suspended or revoked unless the licensee and the person or persons from whom the licensee obtains his supplies of milk, cream or milk products shall comply with the requirements of § 292-23A, B and C of this article.
No person shall sell or deliver milk, milk products or fluid milk products in the City of East Orange unless such milk or milk products comply with the standards and quality required by and were produced, handled, processed and transported in accordance with the provisions of Title 24 of the Revised Statutes of New Jersey, as amended, the Sanitary Code enacted by the Department of Health of the State of New Jersey, and the provisions of this chapter.
The following standards shall be in addition to those required in Title 24 of the Revised Statutes of New Jersey, as amended, and the Sanitary Code enacted by the Department of Health of the State of New Jersey:
A. 
All milk and cream sold or delivered within the municipality shall be pasteurized and, after having been pasteurized, shall not be pasteurized a second time.
B. 
The pasteurizing system in each milk plant shall be so constructed and installed as to prevent any unpasteurized milk or milk products from mixing with pasteurized milk or milk products, and no pasteurized milk or milk products shall be permitted to come in contact with equipment with which unpasteurized milk or milk products have been in contact.
C. 
High-temperature short-hold pasteurizers shall be equipped with a flow diversion control bulb and also a flow diversion valve kept in working order and adjustment so that the valve will immediately divert milk or milk products for preheating when the temperature of the milk or milk products at the diversion control bulb reaches 161 1/2º F. during descending temperatures and, when in diverting position, will not permit forward flow of milk or milk products past the flow diversion bulb and be so placed that any milk or milk products passing by the bulb will be held for 15 seconds at not less than 161º F. as determined by approved tests.
A. 
Milk to be ultimately used for the sale or distribution as such to consumers, including milk from which cream or skimmed milk is to be separated to be used ultimately for sale or distribution as such to consumers, shall be cooled immediately after milking to a temperature not over 50º F. and maintained at that temperature until delivered to and received in the milk plant, provided that morning milk need not be cooled between the time of milking and the time of delivery to and receipt in the milk plant or creamery if such delivery and receipt is not made later than 9:00 a.m. standard time.
B. 
Milk plant operators must cool all milk as soon as received from the producer to a temperature not over 50º F., and this temperature must be maintained during storage and transportation.
C. 
Milk and fluid milk products, after pasteurization, shall be rapidly cooled to a temperature of 50º F. or below and maintained at that temperature during storage, distribution, shipment, transportation and until delivered to the consumer.
A. 
Schedule of standards.
(1) 
Milk and fluid milk products shall not contain more bacteria per milliliter or gram than herein indicated:
Type of Milk or Milk Products
Maximum Permissible Number of Bacteria per Milliliter
Milk, skimmed or whole
Raw: blended or individual bulk can sample taken at receiving station or at a source of production
100,000
Raw: sampled after processing and prior to pasteurization
300,000
Pasteurized: sampled either in bulk or consumer package
20,000
Certified milk
Raw: blended or individual bulk cans
10,000
Pasteurized: sampled in either bulk or consumer package
500
Cream
Raw: sampled after separation and cooking at plant where separation occurs
200,000
Raw: sampled after separation, cooking and shipment either in cans or by tank truck or rail tank car to pasteurizing plant
300,000
Pasteurized: sampled either in bulk or consumer package
30,000
Ice cream, ice cream mix, frozen custard, sherbets and ice milk
Sampled after procession and production or as sold or delivered
50,000
(2) 
Whenever more than one of the last four consecutive counts taken on separate days exceeds the limits established herein, the milk or fluid milk product shall be deemed in violation.
B. 
Compliance with bacterial standards prescribed in this section shall be determined by the method known as the "Standard Agar Plate Method" of the American Public Health Association or by any other method approved by the East Orange Board of Health.
C. 
The Health Officer or any milk inspector of the City of East Orange is hereby empowered to prohibit the transportation into or the sale or distribution within the municipality of any milk or milk products if it shall appear, after investigation or upon other evidence received by the Health Officer or milk inspector, that such milk or milk products have been contaminated by the emanation, exhalations or discharges of any person affected with any communicable disease transmissible through milk or milk products or that such milk or milk products have been or are produced, stored or kept on any premises upon which any source of a communicable disease exists.
A. 
Milk, certified milk, half-and-half, skimmed milk or cream shall be sold only in bottles to consumers unless permission has been granted as provided in § 292-22C of this article.
B. 
Milk, certified milk, skimmed milk or cream shall not be delivered except in approved single-service containers to any premises where there exists a case of infectious, contagious or communicable disease transmissible through milk.
C. 
In the bottling of milk, half-and-half, certified milk, skimmed milk or cream, a mechanical filling and capping device shall be used. Hand filling and capping are prohibited. All bottles shall be capped with caps which completely cover the pouring lip of the bottle.
D. 
Single-service containers used for holding milk or milk products shall be sanitary and shall be packed in sealed dust-proof packages in the manufacturing plant and so delivered to the milk dealer.
E. 
Any can used for holding milk or milk products shall be made of metal and include a cover of the same metal and shall be of the same design commonly known as the "umbrella-type" cover.
A. 
Required identification.
(1) 
Containers in which pasteurized milk or fluid milk products are shipped or delivered shall be plainly tagged, capped or labeled "pasteurized," and the tags, caps or labels shall be marked with the location of the pasteurizing plant and the name of the proprietor of the business which is conducted at the said pasteurizing plant. The tags, caps or labels of the containers shall also be coded to indicate the day on which the milk or fluid milk products were pasteurized or be marked with the day or date of pasteurization. Code identifications and systems established by the processor shall be made available to and subject to the approval of the Board of Health.
(2) 
Certified milk or certified cream tags, caps or labels shall also bear the name of the medical milk commission with which the person producing such milk or cream is under contract.
(3) 
No other tag, label, symbol or device shall be used except that permitted by Title 24 of the Revised Statutes of the State of New Jersey.
B. 
No person shall erase, cancel, obliterate, deface, cover, remove or alter any brand, tag, label or other marking required by any provision of this article attached or affixed to any container or bottle of milk or milk products.
C. 
No person shall sell any milk or milk product which has a false or misleading word, statement, designation, name, address, symbol or mark appearing on any tag, cap or label or in any labeling, or which has on it a label or labeling which is false or misleading in any particular.
A. 
No milk or fluid milk products from a source which has not been inspected and investigated to determine whether it complies with the requirements of § 292-23 of this article, nor any such product from a source which upon inspection and investigation has been found not to be in compliance with said section, shall be allowed to enter a milk plant in which milk or milk products are handled or processed for subsequent sale or distribution in the municipality.
B. 
Any supply of milk or cream not complying with this article may, upon official notice, be excluded forthwith from the municipality.
C. 
Adulterated milk or cream shall not be brought into, sold, delivered or offered for sale or delivery in the municipality; and adulterated milk or cream may be seized and destroyed by any duly authorized agent.
D. 
The methods of processing and transportation of milk or cream known as "bulk farm holding or cooling tanks and transportation of milk from farm to processing plants" shall be carried on in strict compliance with the regulations of the Board of Health with respect thereto now or hereafter adopted.
A. 
Cows shall be physically examined every six months by a licensed veterinarian of the state or other jurisdiction where the cows are maintained, and a certificate showing the results of such examination shall be placed and kept on file for a period of one year at the milk plant to which the milk is delivered by the producer.
B. 
Dairy herds shall be under the supervision of the rules and regulations of the state and Federal Bureau of Animal Industry for the control and eradication of tuberculosis and brucellosis.